Does the missing son inherit from his father, who died in 2003, knowing that he went missing in 2014, his car was found burned, and more than five years have passed since his disappearance?
If a man dies leaving behind two wives, five sons, and ten daughters, and no other heirs, then his two wives receive one-eighth of the inheritance, divided equally between them, due to the presence of offspring entitled to inherit. This is based on the Almighty’s saying: "But if you have a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt." (An-Nisa:12). The remainder goes to the sons and daughters by way of ta’sib (residuary heirship), with the male receiving the share of two females, based on His saying, the Almighty: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." (An-Nisa:11). The inheritance is divided into 160 shares: the two wives receive 20 shares (10 shares for each), each son receives 14 shares, and each daughter receives 7 shares.
As for the missing son, he has a share in his father's inheritance because he was alive at the time of death. His share does not lapse due to his disappearance or subsequent death; rather, it passes to his heirs. The ruling on his death is referred to the judiciary. If the court rules him deceased, his share from his father's inheritance is then distributed among his heirs.
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